case concerning questions relating to oil spill in the

CASE CONCERNING

QUESTIONS RELATING TO

OIL SPILL IN THE PELUSIAN SEA

UNITED STATES OF SUZERLAND V. REPUBLIC OF DUMBLEDORIA

(APPLICANT) (RESPONDENT)

RECORD

KASHMIR UNIVERSITY INTERNATIONAL

MOOT COURT COMPETITION

2019

Copyright - 2019 : Law Society, School of law, University of Kashmir. All rights reserved. Record Page � of �1 35

NOTIFICATION, DATED 25 MAY 2019, ADDRESSED TO THE MINISTER OF FOREIGN AFFAIRS OF THE

REPUBLIC OF DUMBLEDORIA AND THE MINISTER OF FOREIGN AFFAIRS OF THE UNITED STATES OF SUZERLAND

25 May 2019 The Hague

On behalf of the International Court of Justice, and in accordance with Article 26 of the Rules of

Court, I have the honour to acknowledge receipt of:

(1) the Application instituting proceedings against the Republic of Dumbledoria,

submitted by the United States of Suzerland and dated 5 March 2019; and

(2) the Preliminary Objections, submitted by the Republic of Dumbledoria and dated

25 March 2019.

I have the further honour to inform you that the case of Questions Relating to Oil Spill in Pelusian

Sea (United States of Suzerland v. Republic of Dumbledoria) has been entered as 2019 General List

No. 514. During a meeting with the President of the Court held on 15 May 2019, the Parties agreed

that the questions regarding the Court’s jurisdiction and the standing of the parties raised in the

Preliminary Objections submitted by Dumbledoria are inextricably linked to the merits of the

questions raised in the Application submitted by United States of Suzerland and that the questions

regarding the Court’s jurisdiction and standing of the parties should therefore be heard and

determined within the framework of the merits. Pursuant to Article 79, paragraph 10, of the Rules of

Court, the Court will give effect to the Parties’ agreement, and the Court thus will consider the

questions as to its jurisdiction and standing of the parties simultaneously with the questions on the

merits raised in the Application. The written proceedings shall consist of memorials to be submitted

to the Court by 20th August, 2019. Oral proceedings are scheduled for 29th August, 2019 to 1st

September, 2019.

/s/

Registrar

International Court of Justice

Record Page � of �2 35

JOINT WRITTEN STATEMENT OF THE UNITED STATES OF SUZERLAND AND THE

REPUBLIC OF DUMBLEDORIA, DATED 1 JUNE 2019, ADDRESSED TO THE REGISTRAR

OF THE INTERNATIONAL COURT OF JUSTICE

1 June 2019 The Hague

To the Registrar,

International Court of Justice:

On behalf of the United States of Suzerland and the Republic of Dumbledoria, we have the honor to

submit this Joint Written Statement regarding the facts in the case of Questions Relating to Oil Spill

in Pelusian Sea (2019 General List No. 514). Without waiving any claims, counter-claims,

objections, or rights, the United States of Suzerland and the Republic of Dumbledoria agree that the

information provided in the attached Annexure A accurately represents the factual background of

this dispute and request the Court to decide this matter based on the facts contained in Annexure A.

In addition, a certified copy of the Application instituting proceedings against the Republic of

Dumbledoria, submitted by the United States of Suzerland and dated 5 March 2019, is attached as

Annexure B, and a certified copy of the Preliminary Objections, submitted by the Republic of

Dumbledoria and dated 25 March 2019, is attached as Annexure C. The Republic of Dumbledoria

and the United States of Suzerland further agree as follows:

1. The Republic of Dumbledoria and the United States of Suzerland request the Court to decide

the issues related to jurisdiction of the court, standing of the parties, the state responsibility and

the merits of this matter on the basis of the rules and principles of general international law, as

well as any applicable treaties.

2. The Republic of Dumbledoria and the United States of Suzerland also request the Court to

determine the legal consequences, including the rights and obligations of the Parties, arising

from any judgment on the questions presented in this matter.

3. The proceedings shall consist of written pleadings and oral arguments.

4. The written pleadings shall consist of memorials to be submitted simultaneously to the Court by

the Parties.


5. The written pleadings shall be consistent with the Rules of the Kashmir University International

Moot Court Competition, 2019.

6. No changes may be made to any written pleading once it has been submitted.

7. The Republic of Dumbledoria and the United States of Suzerland shall accept the Judgment of

the Court as final and binding upon them and shall execute it in its entirety and in good faith.

For the United States of Suzerland: For the Republic of Dumbledoria

/s/ /s/

Jack Brutus Ceaser Susana Cleopetra

Minister of Foreign Affairs Minister of Foreign Affairs


ANNEXURE A

Introduction

1. In 1950, the Republic of Suzerlandia disintegrated into two new nation states - the Republic of

Dumbledoria [hereinafter referred to as RD] and the United States of Suzerland [hereinafter

referred to as USS]. Located on the continent of Suzerasia, the two nations have since then

walked different paths as far as their economic progress and development is concerned.

2. Republic of Dumbledoria, a developed country with a population of 60 million, has an

abundance of mineral resources. It has a diversified economy, including a strong industrial

sector that relies heavily on mining, manufacturing and exporting. RD also has a robust and

technologically advanced nuclear energy program which includes 12 nuclear power plants

spread across the country. RD’s GDP for the year 2018 was 15,000 billion USD.

3. Republic of Dumbledoria shares its western border with United Suzer Emirates [USE] and its

northern border with Republic of Sangolia [RoS]. The southern part of RD is a costal region

adjacent to the Pelusian Sea. United States of Suzerland lies to the east of RD. Republic of

Dumbledoria and United States of Suzerland exercise overlapping sovereignty over the waters

adjacent to their shores. All disputes over de-limitation of the said territory have been resolved

in accordance with the map attached to the USS - RD Treaty of Friendship and Cooperation,

1952 [SDTFC] [See Annexure F].

4. United States of Suzerland, with a population of 41 million, is a developing country with a

mixture of agricultural economy and blue economy. Its GDP for the year 2018 was

approximately 3000 billion USD. It is surrounded by Sea of Grome on one side and Pelusian

Sea on the other. It also shares its northern border with RoS. USS has invested a lot of resources

in developing its blue economy, particularly its ‘yellowfin tuna fish’ harvesting program. The

program involves harvesting and processing of ‘yellowfin tuna fish’, a migratory sea animal

which migrates to the Pelusian Sea and the Sea of Grome for a period of seven months i.e. from

March to September. While USS harvests ‘yellowfin tuna fish’ across the Pelusian Sea as well

as the Sea of Grome, major concentrations of the same are found in and around the overlapping

exclusive economic zone of RD and USS [For ‘yellowfin tuna fish' habitats, See Annexure

J].

5. USS is the largest exporter of canned ‘yellowfin tuna fish’, addressing 77% of its world market

demand annually [For USS’s ‘yellowfin tuna fish’ harvesting operations for the year 2018,

See Annexure G]. The revenue generated, directly and indirectly, from this export contributes

to 33% of USS’s GDP. The ‘yellowfin tuna fish’ program is run by government as well as Record Page � of �5 35

private players (individuals as well as companies). The harvesting and processing of ‘yellowfin

tuna fish’ is done using modern technology including the use of factory ships. The processing

involves both on - site as well as off - site processing. The technology facilitates a shelf-stable

product that can be stored in suitable containers for a considerable length of time (at least two

years) without undergoing food spoilage, while retaining desirable nutritional and sensory

qualities. The USS government gives harvesting and processing rights/licences to private

companies/individuals which is re-negotiated and updated every five year. [For rights/licences

issued for the period 1st January, 2017 to 31st December, 2022, see Annexure H].

6. USS is also one of the leading tourist destinations in the region. It exercises sovereignty over

three exotic islands located in the Pelusian Sea. These islands, namely Island Sirius, Island

Lupin and Island James, are home to some of the unique sea creatures in the world. Island

James is particularly popular for being home to the Red Otter Tortoises, a rare breed of tortoises

which is also an endangered species. On an average USS hosts 6 million tourists every year,

generating approximately 30 million USD in state revenues annually. The local economy relies

heavily on the tourism for employment and generation of revenues. Red Otter Tortoises have

been declared as “nearly extinct” by United Nations. They are considered endangered species in

accordance with Appendix 1 of the Convention on International Trade in Endangered Species of

Wild Fauna and Flora, 1973 [CITES]. USS has enacted a comprehensive law, called Red Otter

Tortoises (Protection & Preservation) Law, 2000 [ROTL], to preserve and protect them. The

law criminalises any conduct that seriously threatens the existence of these exotic animals. Five

nautical miles around Island James (on all sides) have been declared as no-fishing zone.

Moreover, the traffic of boats etc. within that radius is also strictly regulated. The RD coast

guard is responsible for effective implementation of this law.

7. Understanding the importance of ‘yellowfin tuna fish’ and island tourism to its economy, the

government of USS passed the National Maritime (Preservation, Protection and Disaster

Management) Law, 1986 [NML]. This law is also applicable to USS’s exclusive economic

zone. It provides a comprehensive mechanism for proper and effective regulation of harvesting

and processing operations related to ‘yellowfin tuna fish’ as well as for protection and

preservation of its exotic marine life. The law empowers a special court with powers to grant

compensation to parties who have been victims of environmental pollution. However, the law

imposes a monetary limit on the amount of compensation that can be awarded. It states that the

maximum compensation that can be granted is 100 million USD, irrespective of whether the


aggrieved party is an individual or a company. Some of the essential features of the law are as

follows:

A. Concerning Harvesting and Processing of ‘Yellowfin Tuna Fish’.

• It provides that harvesting and processing of ‘yellowfin tuna fish’ cannot be done

without acquiring proper permission from the government. The harvesting and

processing can only be done by those who have been granted licence by the

government to engage in the same.

• The law provides that such licence can only be granted after the concerned

authorities are sure that the applicant possesses and will subsequently use

environment friendly technology for such harvesting and processing. These

licences are ordinarily renewed after every 5 years and is based on a proper

scrutiny of the licence - holders previous operations.

• The law also requires the licence holder to submit annual reports providing a

detailed information regarding all their operations.

B. Concerning Protection and Preservation of Marine Life

• The law codifies ‘sustainable development principle’, ‘polluter pays principle’,

‘precautionary principle’ and other customary principles of international

environmental law including those governing the liability of a polluter.

• It establishes Maritime Courts which are required to enforce these principles. These

courts have both civil as well as criminal jurisdiction related to all matters

involving protection and preservation of maritime life.

• The law establishes USS Ocean Disaster Commission [USS-ODC] which has been

tasked with a responsibility to take effective steps to prevent and manage disasters

which take place within USS’s ocean territory including its exclusive economic

zone.

• It empowers the government to declare certain regions as Sensitive Marine Zones

[SMZs] for the purpose to strictly monitor and regulate marine environment.

8. Among the many steps taken by USS - ODC to preserve and protect the marine environment is

the development of emergency ocean disaster program. The program has specific instructions in

relation to addressing the issue of oil spills. On the recommendation of UODC, the government

of USS has adopted a state of art technology and infrastructure to deal with the issue of oil

spills.


9. Republic of Dumbledoria is rich in mineral resources and major portion of its economy is based

on the export of the products based on these minerals. Till 1961, the government of

Dumbledoria exercised monopoly over the mining of all resources. The economy was

liberalised in 1961 and private players were allowed to engage in mining and manufacturing

businesses. However, even then the government continued to regulate the same.

10. Stark Mining and Manufacturing Industries Pvt. Ltd. [Hereinafter SMMI], established in 1955,

is a private limited company registered under the laws of RD. Its headquarters are located in

Siperheld, the capital city of RD. It was originally engaged in the business of manufacturing

and selling of iron based products. However, after the liberalisation of economy it has also

started mining operations.

11. While Dumbledoria relies heavily on its nuclear program for its energy, it also imports 80% of

its petroleum. However, in April 2010, the government of Dumbledoria declared its plans to

start looking for oil and gas resources in the Pelusian Sea. Subsequently, the government

authorised exploration, drilling and extraction activities within its Exclusive Economic Zone

(EEZ) in the Pelusian Sea to become more energy independent.

12. The government of Dumbledoria also enacted the Offshore Oil and Gas Exploration, Safety and

Disaster Management Act, 2010 [OOGDM Act 2010] which is the primary legislation that sets

up Dumbledoria Oil and Gas Agency [DOGA]. The agency is responsible for issuing lease,

license, and permits relating to oil and gas exploration and recovery in offshore areas. The law

also lays down a robust safety plan which is required to be followed by every government as

well as non-government company/agency involved in offshore oil and gas exploration, storage

and transport. It empowers DOGA to properly monitor every oil and gas exploration and

recovery programs, even those run by private companies. Moreover, it authorises DOGA to take

all necessary actions to prevent and deal with any disasters. And empowers it to initiate civil

and criminal action against violators. DOGA is also responsible to deal with any and all claims

related to environmental pollution caused by oil spills including any and all transboundary

claims.

13. In August 2012 SMMI applied for a license to explore and exploit oil resources in

Dumbledoria’s EEZ. The permission, called SMMI Oil and Gas Exploration Program [SMMI -

OGEP], was granted in October 2012 [See Annexure D]. The license provided that SMMI

would get exclusive exploitation rights for a period of 15 years in case it discovers any oil and

gas resources in the EEZ. However, it will have to pay 25% of its annual benefits to the

government of Dumbledoria as a royalty. Record Page � of �8 35

14. However, USS was concerned about SMMI - OGEP particularly because of the proximity of

such operation to its EEZ. On 19th October 2012, the USS government sent the following

diplomatic note to RD which stated in part:

The government of USS is very concerned regarding the decision of your

government authorising oil and gas exploration missions near and about the

exclusive economic zone of USS. We would like to remind you that such a decision

runs contrary to your commitments under the USS - RD Treaty of Friendship and

Cooperation, 1952. Such missions possess the tendency of adversely effecting the

marine environment in and around the region, particularly when the area has itself

been designated as a Sensitive Marine Zone [SMZ] by our government in accordance

with the National Maritime (Preservation and Protection and Disaster Management)

Law, 1986.

The government of RD should cancel all its oil and gas exploration missions in the

SMZs immediately. The government of USS is willing to engage in bilateral talks

with the government of USS in order to find out an amicable and environmentally

sound solution to this issue.

15. The government of RD replied to the diplomatic note on 23rd October, 2012 which stated in

part:

The government of RD is completely aware about its commitments under USS - RD

Treaty of Friendship and Cooperation, 1952. We assure the government of RD that

the oil and gas exploration missions within the overlapping exclusive economic zone

will be strictly monitored and regulated. The Republic of Dumbledoria understands

that the concerned area is a sensitive marine environment and assures the

government of USS that effective due diligence has been undertaken before any

authorisation was issued.

16. SMMI started its exploration missions in November 2012 and spent around 112 million USD on

the same over the next two years. In March 2015, SMMI informed the government of RD that it

has discovered vast reserves of oil and natural gas in Dumbledoria’s EEZ and sought

permission to extract, process and sell the same. The permission was granted in accordance

with Lease No. DOGA/RSSA-LEA/217-2015 called the Retrieval, Storage and Sale Agreement

[RSSA] and SMMI started its operations immediately after receiving the same. [See Annexure

E].


17. In March 2018, Mr. Hagrid Disouza, a marine biologist working at the National University of

Suzerland, and Dr. Thanos, a professor of marine conservation at College of Ocean Studies,

University of Dumbledoria published a joint paper regarding the impact of the SMMI

operations on Marine environment. The scientists based their study on a two year exhaustive

research that involved using sophisticated technology to monitor the flora and fauna in and

around the overlapping exclusive economic zone during the said period. The authors stated that

while the SMMI operations by themselves did not adversely affect the regional marine

environment, however, the consistent increase in sea traffic on the said route over the next three

years or incidents like oil spills etc. may drastically damage the same. The authors concluded

that the SMMI operations were like a ticking time bomb.

18. However, the data on the same subject-matter released by SMMI in its annual reports and other

documents have suggested contrary conclusions. These reports and documents have been

throughly scrutinised by and formally accepted by the government of RD. However, the

government has advised SMMI to take actions in order to properly manage the traffic on the sea

route.

19. In June 2018, the government of RD and the management of SMMI released a joint statement

that they have upgraded their disaster management technologies and claimed that the same

surpassed the international standards. The CEO of SMMI, at a press conference, mentioned that

while the technology was different from the one that was used in standard operating procedures,

it produced better results than the same.

20. An essential part of this technology was the development of synthetic chemical compound

called Dragon-X-2000 [D-X-2000] which is a chemical dispersant used to restrict oil spills in a

particular spot. Like every other dispersant used to deal with oil spills, D-X-2000 can be

sprayed upon the spill with the help of aircraft and boats. It aids in the natural breakdown of oil

components and allows the oil to chemically bond with water.

21. It was developed by Mr. Fandler Bing, the Chief Scientist working with RD’s National

Laboratory for Marine Technology, in January 2018. He was granted a patent over the same in

March 2018. However, the application for the use of D - X - 2000 domestically is still pending

with the concerned authority. In an interview given by him on 27th March, 2018 he said that

while D - X - 2000 has not been used to deal with large scale oil spill, it has been extremely

helpful in containing small scale oil spills. When asked about how D-X-2000 is different from

other dispersants, he said that it used a variety of chemicals which are generally not used in

other dispersants. However, he declined to comment on the question as to whether the use of D Record Page � of �10 35

- X - 2000 would have any adverse impact on marine environment. All he said was that D-

X-2000 was well within the internationally permitted standards. Some local NGOs working on

marine environment have criticised its use because they believe that the chemicals used in

Dragon - X - 2000 are not environment friendly. In August 2018, Mr. Bing submitted a proposal

to International Spill Control Organisation [ISCO] asking them to acknowledge and allow the

use of Dragon-X-2000 as a standard operating procedures to deal with oil spills. While ISCO

acknowledged the effectiveness of D-X-2000 to effectively deal with oil spills, it stated that it

cannot accept the proposal without conducting a thorough investigation into the claims related

to environmental impact of the same. The proposal is still pending and no final decision has

been taken.

The Incident of 13th December, 2018

22. On 13th December, 2018 an oil tanker, Marienna 479, while leaving the Oil Drill Unit DX -

431 collided with a privately owned cruise ship, Sea King, which was flying the USS flag. The

incident took place while the tanker was leaving the drilling unit and entering the charted oil

route as provided in the Retrieval, Storage and Sale Agreement [RSSA].

23. The collision caused massive damage to the oil tanker leading to a massive oil spill. It also

caused a massive fire on Marienna 479, which was carrying 12 million gallons of oil.

24. Immediately after becoming aware of the incident, SMMI initiated an emergency disaster

management plan and informed the government of RD about the same. The SMMI teams

reached the spot two hours after the incident had taken place. This plan involved following

steps:

• Shutting down Oil Drill Unit DX - 431 so as to ensure its operation is not

compromised as a result of the spill.

• Rescuing the people on the cruise as well as the tanker. SMMI used life boats to

rescue people. Some of them were brought to DX - 431 from where they were airlifted

to RD for medical care. There was no loss of life. However, some people received

injuries.

• Using state of art technology to conduct repair on the oil tanker to stop the spill and to

prevent it from spreading. This primarily involved using Oil Booms to contain the

spill and prevent it from spreading. However, due to shortage of resources, SMMI was

only able to deploy these Oil Booms between the site of the incident and DX-431.


They did not have enough resources to contain the spill or prevent it from spreading in

other directions.

25. The government of RD declared an emergency in accordance with the OOGDM Act 2010 and a

quick response team, under the leadership of Navy Captain Luna Longbottom, was sent to the

site of the incident to assess the situation and take appropriate action. On reaching the site it

was found that the SMMI’s disaster management team had already evacuated some survivors

from the cruise as well as the oil tanker and it was also in the process of repairing the breach in

the tanker. Captain Luna, however, asked them to stop and officially took over the mission. The

decision to do the same was taken on the belief that being an interested party, SMMI may

become part of an investigation and therefore it could not be allowed to participate until a

preliminary investigation was done. Moreover, Captain Luna also realised that the SMMI team

did not have enough resources or man-power to conduct effective repair and allowing them to

continue would jeopardise the repair work.

26. The decision to exclude SMMI complicated the response process because the government

disaster management protocol was different from the plan which was already deployed by

SMMI. This involved different course of action, use of different techniques, technologies and

resources.

27. On 14th December 2018, the government of USS sent a diplomatic note to the government of

RD which stated in part:

The government of USS is deeply concerned about the incident that took place on

13th December 2017 within the overlapping exclusive economic zone that we share

with the RD. We therefore offer our support to the government of RD and propose to

set up a joint response team to effectively deal with the oil spill. We propose to do

this in accordance with Chapter V of SDTFC. Meanwhile, the government of USS

will be sending a response team under the command of Navy General Michael

Broad. We believe that General Broad can contribute valuable experience because he

has been part of two international oil spill disaster management teams.

28. The government of RD replied to the above mentioned diplomatic note that stated in part:

The Republic of Dumbledoria is grateful to the government of USS for their concern

regarding the December 13th incident. While we value the friendly relationship between

our two nations and appreciate the support that is being offered by your government, we

respectfully have to decline the same. The Republic of Dumbledoria is capable to deal with

the issue on its own. We have already sent a number of teams to deal with the issue and Record Page � of �12 35

preliminary reports suggest that considerable repairs have been made to Marienna 479 and

the oil spill has been contained.

[…..]

It is also important to note here that any attempt by your government to interfere with the

rescue process or with the oil spill management process would seriously jeopardise the

mission and would cause irreparable loss to the marine environment. In such a situation,

the government of RD would be forced to take all necessary actions to prevent such

interference.

29. Five days after the incident, an internationally recognised news channel reported that the efforts

to contain the oil spill have not been successful. It reported that while the spills movement

towards RD’s coast has been stopped, the government has failed to prevent its movement from

any other direction. The report also stated that the government of RD was only concerned about

protecting its own interests and not that of its neighbouring states or that of the international

community. The government of RD denied the claims made by the news channel and claimed

that same was an attempt by some of its citizens to damage its relations with its neighbours. The

government also accused the government of USS for interfering with its internal matters. This

accusation was based on the fact that USS’s Minister for Commerce, Mr. Shakru Fali, owned

10% shares of the news channel that made these claims. On 20th December 2018, Mr. Adza

Mefa, the Minister for Disaster Management held a press conference along with Mr. Zubab

Rolli, Director, DOGA and Captain Luna Longbottom in order to clarify the issue [See

Annexure I for the transcript of the press conference].

30. On 21st December, 2018, the government of USS sent a diplomatic note to the government of

RD expressing its dissatisfaction on the manner in which RD dealt with the matter. The note

stated in part as follows:

While it is reassuring that the government of RD has used best technology to deal with the

oil spill, its’ unwillingness to involve other interested parties and its deliberate decision to

exclude SIMMI amounts to negligence on its part. The process of effectively dealing with

oil spill requires a coordinated effort and the decision of the government not to take aid

from the government of RD makes it liable under international law. The government of RD

has dealt with the issue discriminately. It has tried to protect its own interest and

deliberately ignore those of its neighbouring states.

31. The government of USS held an emergency meeting on 24th December, 2018 to re-evaluate the

threat from the oil spill to its marine environment. The official teams working on the same Record Page � of �13 35

informed the government that the oil spill was about to cross over into the exclusive economic

zone of Suzerland. It informed the government that while there had already been an extensive

damage to the regional marine environment, any further delay to contain the spill would make

the damage permanent and irreversible. The government of USS contacted the government of

RD and informed them that if it did not immediately attend to the issue, the government of USS

will be forced to take the matter in its own hand. In the meanwhile, the government of USS

deployed six teams and directed them to use Oil Booms to prevent the spill from crossing over

into its exclusive economic zone. However, by the time they reached the destination the oil had

already reached the shore of Island James.

32. On 28th December 2018, the government of RD agreed to set up a Joint Task Force [JTF] to

deal with the issue. Due to the nature of emergency, the government of RD authorised the team

to use D-X-2000. While the government of USS was not in support of the same, it had to allow

it because any indecision at this stage would have led to irreversible and catastrophic harm to

Island James’s biodiversity, particularly red otter tortoises. The JTF used Oil Booms to contain

the oil in and around Island James and then used aircrafts and boats to spray D-X-2000.

33. On 26th February 2019, the government of USS published a damage-assessment report that

claimed the following things:

a. The oil spill killed a lot of Red Otter Tortoises and drastically reduced their population

by approximately 25%.

b. Early batches of ‘yellowfin tuna fish’ have ignored their usual habitats in Pelusian sea

and the data suggests that it will no longer be possible to operate the following

harvesting and processing sites: HPSs - 001, 002, 003, 004, 017, 018. Taken together,

these sites on an average yield 4 to 9 million tonnes of 'yellowfin tuna fish’.

c. There is no guarantee that the harvesting and processing sites HPSs - 005, 006, 007,

008 and 009 would yield proper and required results.

d. 65% of the marine flora and fauna in and around the Island James has been adversely

affected by the spill. Till now the USS government has spent around 4 million USD in

order to relocate the Red Otter Tortoises to other habitats. Scientists, however, were

not sure if such relocation would prove successful.

Preliminary Investigation and Judicial Action.

34. On 6th January 2019, a Joint Investigation Team [JIT] was set up by USS and RD to conduct a

preliminary investigation into the matter. The force was headed by Captain Ross Heller, an Record Page � of �14 35

army commander from RoS, working with the UN Peace Keeping Force. The preliminary

investigation report submitted by JIT on 16th January 2019 revealed that the cruise ship had

deviated from its approved course in order to avoid rough weather that could have resulted in

loss of life and property. Moreover, the captain of the cruise ship had already informed the

authorities both in USS and RD about the change of course and concerned authorities from both

the countries permitted the same. The records from Zoiyana port show that the port authorities

informed the management at Oil Drill Unit - DX - 431 about the same. However, the JIT was

not able to find any record which shows that the said information was relayed to the captain of

Marienna - 479.

35. On 18th January 2019, the government of RD withdrew from the JIT. Moreover, a request from

International Spill Control Organisation [ISCO] to conduct an international enquiry into the

incident was also declined by RD. Both the countries are now conducting investigations

independently under their respective domestic laws.

36. On 20th January 2019, the Suzerland Association for Fishermen [SAF] filed a case against

SMMI as well as the government of RD before the appropriate court under OOGDM Act, 2010.

Due to the urgency of the issue, the court decided to hear the case on a daily basis. The

government of USS filed an application to join this case as a party and also sought

compensation from RD. The court, however, dismissed the application on the ground that under

the OOGDM Act 2010, foreign governments do not have a standing in such cases.

37. On 6th February 2019, the court found both SIMMI as well as the government of RD liable to

pay compensation. Applying the principle of “no - fault liability”, the court asked SMMI to pay

20 million USD and the government of RD to pay 33 million USD to SAF. The court also

informed SAF that the distribution of fund among the registered members of SAF would be

monitored by the court itself. However, the decision was challenged by SMMI as well as the

government of RD in an appeal and same was overturned by the higher court. SAF has now

filed an appeal against the same and at the time of coming to the ICJ, the matter was pending

before the Supreme Court of RD, which is the highest court of appeal.

38. The government of USS has also initiated judicial proceedings against SMMI and the

government of RD in the courts of USS under the National Maritime (Preservation and

Protection) Law, 1986. The government of USS has asked the concerned court to order SMMI

as well as the government of RD to pay a fine to the tune of 100 million USD in accordance

with NML, 1986. At the time of coming to the ICJ, the matter was still pending.


Other Relevant Information

39. Suzerland and Dumbledoria are Members of the United Nations and are Parties to the Statute of

the International Court of Justice (ICJ). Pursuant to Article 36, paragraphs 2 and 3, of the

Statute of the ICJ, Suzerland has recognised the ICJ’s jurisdiction as compulsory ipso facto but

only on condition of reciprocity on the part of other states. Dumbledoria has not recognised the

ICJ’s jurisdiction as compulsory ipso facto. United States of Suzerland is claiming 1200 billion

USD as compensation.

40. Suzerland and Dubmledoria are Parties to the Vienna Convention on the Law of Treaties.

Suzerland is a Contracting Party to the Convention on Biological Diversity (CBD).

Dumbledoria has signed CBD but not ratified the same. However, some judges of the Supreme

Court of Dumbledoria have used CBD to strengthen RD’s domestic laws on similar subject

matter. In accordance with Article 27, paragraph 3, of the CBD, when Suzerland ratified the

CBD, it declared in writing that it would submit to the jurisdiction of the ICJ to resolve disputes

concerning the interpretation or application of the CBD.

41. RD has signed and ratified International Convention for the Prevention of Pollution from Ships,

1973 [MARPOL] as modified by the Protocol of 1978. Suzerland has only signed MARPOL

and has not ratified the same. Moreover, Suzerland has neither signed nor ratified the Protocol

of 1978.

42. On 5th March 2019, International Court of Justice received an application from United States of

Suzerland instituting proceedings against the Republic of Dumbledoria. Republic of

Dumbeldoria filed preliminary objections on 25th March, 2019 challenging the jurisdiction of

the ICJ as well as the standing of United States of Suzerland. It is claimed by RD that the states

cannot invoke the jurisdiction of ICJ to seek compensation for private individuals or companies

or organisations.

43. Following issues will be dealt by the court:

a. Whether the court has jurisdiction to hear and decide the matter?

b. Whether the case is maintainable?

c. Whether the actions of RD violate international law?

d. Assuming that USS did violate international law, whether the compensation of

1200 billion USD sought by USS is justified?


ANNEXURE B

APPLICATION INSTITUTING PROCEEDINGS, DATED 5 MARCH 2019, ADDRESSED TO

THE REGISTRAR OF THE INTERNATIONAL COURT OF JUSTICE

5 March 2019 The Hague

To the Registrar,


On behalf of the United States of Suzerland and pursuant to Articles 36 and 40 of the Statute of the

International Court of Justice and Article 38 of the Rules of Court, the undersigned, being duly

authorised by the Government of the United States of Suzerland, have the honour to submit to the

International Court of Justice the present Application instituting proceedings against the Republic of

Dumbledoria.

I. Subject of the Dispute

The present application concerns the spill of oil near Oil Drill Unit DX - 431 in the Pelusian Sea.

DX - 431 is an oil extraction drill unit operated by Stark Mining and Manufacturing Industries Pvt.

Ltd. [SMMI], a company registered under the laws of Republic of Dumbledoria. The spill occurred

when a cruise ship, Sea King, collided with an oil tanker Marienna 479. The inconsiderate manner

in which SMMI and Republic of Dumbledoria dealt with the issue is in breach of its obligations

under international law, including, but not limited to, violations of customary international law and

several multilateral environmental agreements. The incident by itself and the failure and negligence

shown by SMMI and Republic of Dumbledoria to contain the spill and clean it up caused

irreparable damage to the marine biodiversity that depends on the Pelusian Sea, especially, but not

limited to, ‘yellowfin tuna fish’ and Red Otter Tortoises. United States of Suzerland also requests

this hon’ble court to address the issue of damage caused by Republic of Dumbledoria to Suzerland’s

economy, particularly the loss caused to the Suzerland Association of Fishermen whose primary

source of income has now been lost. Dumbledoria has violated customary international law,

including, inter alia, the precautionary principle and the duty to prevent transboundary harm.

Dumbledoria has also acted in direct contravention of the Convention on Biological Diversity

(CBD), the United Nations Convention on the Law of the Sea (UNCLOS), the Convention on

Migratory Species of Wild Animals (CMS), the International Convention for the Prevention of


Pollution from Ships, 1973 as modified by the Protocol of 1978, the Geneva Convention on the

Continental Shelf, 1958, the Geneva Convention on the High Seas, 1958 and, the Convention on

International Trade in Endangered Species of Wild Fauna and Flora, 1973 as well as other

international agreements, principles, and declarations.

***

II. Jurisdiction of the Court

United States of Suzerland has recognised the Court’s jurisdiction as compulsory ipso facto.

Furthermore, the Court has jurisdiction over this dispute in accordance with Article 27 of the CBD,

as well as Article 14 of the UNFCCC and Article 24 of the Paris Agreement. United States of

Suzerland has submitted to the jurisdiction of the ICJ under the CBD, the UNFCCC, and the Paris

Agreement, and this dispute arises directly under the CBD, the UNFCCC, and the Paris Agreement.

Suzerland’s primary concern is the negative impacts on the 'yellowfin tuna fish’ and Red Otter

Tortoises, and the purpose of the CBD is to conserve biological diversity, which includes the

‘yellowfin tuna fish' and Red Otter Tortoises, as well as the rest of the marine biodiversity in the

Pelusian Sea.

[REMAINDER OF APPLICATION INTENTIONALLY OMITTED]

For the United States of Suzerland:

/s/ /s/

Jack Brutus Ceaser Penolope Darrius

Co-Agent of the United States of Zuzerland Co-Agent of the United

and Minister of Foreign Affairs of the States of Suzerland

United States of Suzerland


ANNEXURE C

PRELIMINARY OBJECTIONS OF THE REPUBLIC OF DUMBLEDORIA, DATED 25 MARCH

2019, ADDRESSED TO THE REGISTRAR OF THE INTERNATIONAL COURT OF JUSTICE

25 March 2019

The Hague

To the Registrar,


On 05 March 2019, the United States of Suzerland lodged with the Registrar of the International

Court of Justice an Application by which Suzerland instituted proceedings before the Court against

the Republic of Dumbledoria regarding the spill of oil near Oil Drill Unit DX - 431 in the Pelusian

Sea. Pursuant to Article 79, paragraph 1, of the Rules of Court, the Republic of Dubmledoria has the

honor to submit the present Preliminary Objections, which relate to the jurisdiction of the Court and

the maintainability of the current proceedings. The Republic of Dumbledoria respectfully requests

the Court to declare itself to be without jurisdiction to hear the matter submitted by Suzerland and

to declare that Suzerland does not have a standing because: A) all the local remedies have not been

exhausted, and B) Suzerland Association of Fishermen on whose behalf the

In its Application instituting proceedings, Suzerland alleged that “the Court has jurisdiction over

this dispute in accordance with Article 27 of the CBD, as well as Article 14 of the UNFCCC and

Article 24 of the Paris Agreement.” Dubmledoria submits these Preliminary Objections because the

Court does not have jurisdiction to hear this matter as Suzerland has alleged. Respectfully, as an

initial matter, Dubmledoria has not recognized the Court’s jurisdiction as compulsory ipso facto.

While it is true that Suzerland has submitted to the Court’s jurisdiction to resolve disputes

concerning the interpretation or application of the CBD, the UNFCCC, or the Paris Agreement,

those are not the relevant international agreements governing this matter.

***

For the Republic of Dumbledoria:

/s/ /s/

Susana Cleopetra Simond Suel

Co-Agent for the Republic of Dumbledoria Co-Agent for the Republic of

and Minister of Foreign Affairs for Dumbledoria

the Republic of Dumbledoria Record Page � of �19 35

ANNEXURE D

OFFICE OF DUBMLEDORIA OIL AND GAS AGENCY [DOGA]

MINISTRY OF OIL AND NATURAL GASES, REPUBLIC OF DUMBLEDORIA

Dated: 12/10/2012

DETAILS

Stark Mining and Manufacturing Industries Private Ltd. [SMMI] is a privately owned company

registered under Dumbledoria Companies Act, 1952. It was established in 1955 and has its

registered office in Siperheld [25, Capital Hill Street, Siperheld, Republic of Dumbledoria -

252211]. After the government of Dumbledoria decided to explore avenues for addressing its’ oil

and gas demands locally, SMMI expanded its business to include oil and gas exploration. As per the

papers and documents submitted by it to the Registrar of Companies, SMMI has spent approx. 50

million USD since 2011 to set up a technologically sophisticated unit [SMMI O&G Unit] for

offshore oil and gas exploration, retrieval and storage. In November 2011, the SMMI O&G Unit

successfully helped United Suzer Emirates [USE] to set up and operate three offshore oil and gas

exploration plants. The current application was submitted by SMMI pursuant to a tender notice

issued by DOGA calling for proposals for the purpose of offshore oil and gas exploration in the

Pelusian Sea. The application stands granted pursuant to the following terms and conditions:

Licence Number DOGA/EXPO-LIC/433-2012.

Name of the Applicant Stark Mining and Manufacturing Industries Private Ltd. [SMMI]

Nature of the Application Permission to Explore Oil and Natural Gas within Republic of Dumbledoria’s Exclusive Economic Zone.

Date of the Application 06/08/2012

Status of Application Approved on 12/10/2012 subject to Terms and Conditions Mentioned Herein.

Name of the Approved Program SMMI O&G Exploration Program [SMMI - OGEP]

Fees 2500 USD

Duration Till the Discovery of Oil or/and Gas Reserves Or Upto 31/12/2025, whichever is earlier.


TERMS AND CONDITIONS

1. That this licence is issued only for the purpose of exploration and discovery of oil and gas

resources within the Exclusive Economic Zone of Republic of Dumbledoria.

2. That SMMI shall provide and use all the necessary resources (including economic,

technological and human resources) in order to carry out its operations under this licence. And

shall not at any point of time seek the same from the government of Dumbledoria.

3. That in case SMMI succeeds in discovering any oil and/or gas reserves, it shall be granted

exclusive rights for retrieval and sale of such resources for a period of 15 years, subject to such

terms and conditions as the government of RD sees fit.

4. That exercise of such right will be subject to an annual payment of 25% of the annual profits

earned by SMMI under such permission.

5. That SMMI shall use the best and safest technology for its operations.

6. Before beginning any operation, SMMI shall submit all its operation plans to DOGA and same

shall not be disclosed except for the purpose of clause 12.

7. That SMMI shall have to submit annual reports about the progress of its work.

8. That SMMI shall carry out its operations in accordance with the domestic and international

standards.

9. That SMMI shall deposit 5 million USD to the disaster management fund established under the

OOGDM Act 2010.

10. That the government of Dumbledoria reserves the right to cancel/terminate this licence with or

without cause.

11. That SMMI can apply for the renewal of licence after its expiration.

12. That, in accordance with the OOGDM Act 2010, the Supreme Court of Dumbledoria

(Country’s Highest Judicial Body) shall have the exclusive jurisdiction to hear and decide any

dispute arising out of or in relation to this licence.

/s/

Mr. Albus Louise Potter

Director

DOGA


ANNEXURE E

OFFICE OF DUBMLEDORIA OIL AND GAS AGENCY [DOGA]

MINISTRY OF OIL AND NATURAL GASES, REPUBLIC OF DUMBLEDORIA

Dated: 12/07/2015

DETAILS

Pursuant to the grant of exploration licence [DOGA/EXPO-LIC/433-2012] to SMMI dated

12/10/2012, SMMI O&G Unit began its exploration operations in the Dumbledoria’s EEZ from

5/11/2012. These missions involved use of satellite imagery and other scientific technologies,

similar to the ones used by SMMI for its operations with United Suzer Emirates [USE]. SMMI has

since then abided by the terms and conditions of its licence including submission of operation plans

and annual reports as well as deposit of 5 million USD for the disaster management fund. In March,

2015 SMMI informed the government of Dumbledoria that it has discovered vast oil and natural gas

reserves in Dumbledoria’s EEZ. SMMI has now invoked clause 3 of the terms and conditions part

of its exploration licence [DOGA/EXPO-LIC/433-2012] and is seeking permission to enter into an

agreement with the government of RD to extract and sell oil and natural gas.

The proposal submitted by SMMI includes following:

A. Setting up various oil drills across Dumbledoria’s EEZ.

B. Providing machinery, technology, infrastructure and human resources for

extraction, transport and storage of oil and gas.

C. Providing technical training to employees etc.

The permission is granted, subject to following terms and conditions:

a. That a proper Environment Impact Assessment shall be conducted before SMMI set-ups

any oil extraction drills.

Lease Number DOGA/RSSA-LEA/217-2015

Name of the Parties Between DOGA, on behalf of the Government of Dumbledoria and Stark Mining and Manufacturing Industries Private Ltd. [SMMI]

Subject-Matter Retrieval, Storage and Sale Agreement [RSSA]

Date of the Agreement 12/07/2015

Term of the Agreement 12/07/2015 to 11/07/2030


b. That SMMI shall provide and use all the necessary resources (including economic,

technological and human resources) in order to carry out its operations under the lease

including the transportation of oil and natural gas.

c. That 25% of the annual profits generated by SMMI under this lease shall be payed to the

government of RD as royalty at the end of every financial year.

d. That SMMI shall at all times take measures to ensure the protection and preservation of

marine environment.

e. That all transportation of oil and natural gas shall be conducted in accordance with the

approved transportation routes specified in Attachment 1 to this Annexure.

f. That SMMI shall maintain records of all its operations and transactions and submit the

same to DOGA for scrutiny and evaluation.

g. That SMMI shall maintain a proper disaster management plan and keep disaster

management teams ready at all the times.

/s/ /s/ Mr. Zubab Rolli Ms. Gabriealla Gondolas Director Chief Financial Officer DOGA SMMI


Attachment 1 of Annexure E


TYPE TO ENTER A CAPTION.

ANNEXURE F

USS - RD TREATY OF FRIENDSHIP AND COOPERATION, 1952

[SDTFC]

The Government of the Republic of Dumbledoria and the Government of the United States

of Suzerland, recognising the ancient history between the two countries; and

Desiring to strengthen and develop these ties and to perpetuate peace between the two

countries; and

Acknowledging the need to resolve the issue related to the overlapping of territory of the two

countries in the Pelusian Sea;

Have resolved therefore to enter into a treaty of peace and friendship with each other, and have, for

this purpose agreed as follows:

Chapter I

[Preliminary]

Article 1

There shall be everlasting peace and friendship between the Government of Republic of

Dumbledoria and the Government of the United States of Suzerland. The two Governments agree

mutually to acknowledge and respect the compete sovereignty, territorial integrity and

independence of each other.

Article 2

The two Governments hereby undertake to inform each other of any serious friction or

misunderstanding with any neighbouring State likely to cause any breach in the friendly relations

subsisting between the two Governments.

[Article 3 & 4 intentionally omitted]

Article 5

The issue related to the overlapping of territory in the Pelusian Sea is hereby resolved in accordance

with the map provided in Attachment 1 of this treaty.

Article 6

The two Governments hereby undertake to take all necessary steps to protect and preserve the

marine environment in the Pelusian Sea.


Article 7

The Government of Dumbledoria hereby acknowledges the blue economy interests of the

Government of Suzerland in the Pelusian sea, including its harvesting activities and therefore

undertakes to take all necessary actions to facilitate the same within the overlapping exclusive

economic zone.

[Chapter II to IV intentionally omitted]

Chapter V

[Protection of Marine Diversity]

Article 16

United States of Suzerland and Republic of Dumbledoria shall take effective measures individually,

according to their scientific, technical and economic capabilities, and collectively, to prevent marine

pollution.

Article 17

In order to further the objectives of this Chapter, the two governments with common interests to

protect in the marine environment in a given geographical area shall endeavour, taking into account

characteristic regional features, to take all necessary measures for the prevention of pollution. In

this regard, they shall endeavour to act consistently with the objectives and provisions of all

international agreements on protection and preservation of marine diversity. Special attention shall

be given to co-operation in the field of monitoring and scientific research.

Article 18

The two governments pledge themselves to promote, within the competent specialised agencies and

other international bodies, measures to protect the marine environment against pollution caused by:

a) hydrocarbons, including oil and their wastes;

b) other noxious or hazardous matter transported by vessels for various purposes;

c) wastes generated in the course of operation of vessels, aircraft, platforms and other man-made

structures at sea;

d) agents of chemical and biological warfare;

e) wastes or other matter directly arising from, or related to the exploration, exploitation and

associated off-shore processing of sea-bed mineral resources.

Other provisions of the Treaty have been intentionally omitted


Attachment 1 of Annexure F

Record Page � of �27 35TYPE TO ENTER A CAPTION.

ANNEXURE G


ANNEXURE H

Ministry of Marine Economy, United States of Suzerland

Licensing Rights Order [Issued under Section 68 of USS National Maritime (Preservation and Protection) Law, 1980]

Dated: 27 December, 2017

Order Number: HPS/11/2017

Note: The rest of the content is intentionally omitted. However, it is certain that a total of approximately 1700 licences were issued under this order.

/s/ Ubna Solo Minister - in - Charge Ministry of Marine Economy USS

S.No. Name of the Licence Holder

Nature of Business

Licence Number

Harvesting & Processing Site/s Allocated

Nature of Permission

1 FreshBite International Private Ltd. Company

Private Limited

Company

HPL - C - 1/17• HPS - 001• HPS - 004• HPS - 008• HPS - 009

Harvesting and

Processing

2 Tin_Tuna Private Ltd. Company

Private Limited

Company

HPL - C - 2/17 • HPS - 002• HPS - 003• HPS - 005

Harvesting and

Processing

4 Oceanic Thunder Private Ltd. Company

Private Limited

Compay

HPL - C - 4/17 • HPS - 017• HPS - 018

Harvesting and

Processing

6Suzerland

Association for Fishermen

Registered Trade

AssociationHaving 12576

members

HPL - RTA - 6/17 All SitesHarvesting

7USS National

Fishing CorporationPublic

Company

HPL - C - 7/17All Sites

Harvesting and

Processing


ANNEXURE I

Transcript of the Press Conference held by Mr. Adza Mefa, the Minister for Disaster

Management along with Mr. Zubab Rolli, Director, DOGA and Captain Luna

Longbottom

Statement Made by Mr. Zubab Rolli

Thank you everyone for being here. On 13th December, 2018 at around 11:00 a.m., the authorities

at Zoiyana port received a distress call from the crew of the cruise ship, Sea King. The authorities

were informed that the cruise ship had collided with an oil tanker and caught fire. The authorities

immediately informed the department of disaster management about the same. An emergency

meeting was held by the government at around 11:45 a.m. and Captain Luna Longbottom was given

the charge of conducting a rescue operation. She was also asked to submit a preliminary report on

the same and was directed to gather necessary evidence for investigative purposes. Apart from me,

the emergency meeting was attended by following people:

• Mr. David Coperfield, Prime Minister of Republic of Dumbledoria.

• Mr. Greemer Gorden, Minster for Oil and Natural Gas.

• Mr. Zubab Rolli, Director, DOGA.

• General Greta Wolly, Commander General, RD Navy.

• Ms. Luna Longbottom, Navy Captain, 23 Navy Corp, RD Navy.

• Technical Staff from Ministry of Weather Forecast, Department of Disaster Management,

Department of Logistics and Statistics, Ministry of Oil and Natural Gas, Navy, Army and

Airforce.

Ms. Luna Longbottom left the meeting around 12:10 p.m. The government decided to set-up a

command centre to monitor and manage the situation and the meeting was adjourned. The

command centre was set-up at the Zoiyana port and it became fully functional around 2:00 p.m. In

the meantime, the command centre received a preliminary report from Captain Luna Longbottom

Statement made by Captain Luna Longbottom.

Thank you Sir. Me and my team, which consisted of 120 personal, left the Zoiyanan port at around

1:45 p.m. in ten rescue ships. We reached the incident site around 6:25 p.m. A preliminary sweep of

the area revealed that there had been a head on collision between the oil tanker Marienna 479 and


the cruise ship Sea King. There were some boats that were ferrying people from the cruise ship to

the nearby Oil Drill Unit DX - 431. However, it was very clear that they were not sufficiently

equipped to conduct a rescue operation on such a huge scale. I immediately ordered my teams to

started loading people into our rescue boat. We also called for air support to air-lift the injured

people so that they could be taken to hospitals for immediate medical care. We also found that some

people were conducting some repair work in order to stop the oil from spilling into the sea. I along

with one team reached the spot and talked to the person who was in charge of the repair. The person

introduced himself as a marine engineer who was employed by SMMI. When asked about the

rescue operation, he said that soon after the collision, SMMI officials sent three rescue teams and

one technical team to help with the situation.

Statement Made by Mr. Adza Mefa

Thank you everyone for being here. I would like to apprise everyone about the work that has been

done so far regarding the management of the oil spill. I would like to begin by congratulating

Captian Longbottom and her team for successfully conducting the repair work on Marienna 479. It

is because of their hard and dedicated work that the leak was stopped before it could have caused

any considerable and irreparable damage. We have managed to contain the oil spill and have

prevented it from reaching our territorial waters. We were able to change the course of the spill and

I am happy to inform that it does not any longer threaten to reach our shores.

Question and Answer Session

Reporter X - Hello everyone. My name is X and I am from HHBC News Channel. I have a question

for Captain Longbottom. Madam, we have reports that indicate that as soon as your team reached

the incident site you disrupted the repair work that was being conducted by SMMI. And that had

you allowed them to continue, the repair work would have been completed a long time back.

Captain Longbottom - I cannot properly comment on this because all of you know that the matter is

still being investigated. I am also not sure as to where you get your information from. Because, it is

wrong. We did not disrupt the repair work. We simply took over from SMMI. And the reason to do

so was that the oil tanker involved in the incident belonged to SMMI. I could not have let its

employee continue the work at the cost of contaminating the evidence. In fact, our team was better

equipped and had far better training to deal with the issue that anyone else.


==== 0 ====

Reporter K - My name is K and I am with Shulo News Agency. Don’t you think that the situation

would have been dealt better if we would have co-ordinated with USS?

Mr. Adza Mefa - I don’t think so. RD had enough resources to deal with the problem properly. The

technology that we used was far better and sophisticated than even the international standards. Even

SMMI does not have this kind of technology. While we appreciated the support shown by USS, we

believed that they would not have been able to deal with the kind of technology. We would have to

first of all give them lessons and train them on the same. And that would have taken a lot of time.

==== 0 ====

Reporter K - But, RD had responsibility under international environmental law [IEL] and

international law of the sea [ILS] to involve all parties in dealing with this situation. Don’t you

think that the failure on part of RD to do so violates international law and practice.

Mr. Adza Mefa - No, that is wrong. We did keep USS and the international community well

informed about the progress of our work. And that was all we were supposed to do. Our actual

responsibility under IEL and ILS was to take all necessary actions to stop the oil spill, to contain it

in a specific place, to prevent it from reaching our shores and to ensure protection and preservation

of marine environment. And we believe that we successfully achieved the same.

==== 0 ====

Reporter PQ - There are reports which suggest that your mission was focused on preventing the oil

from reaching the RD shores and you neglected to your responsibilities to the international

community and USS.

Mr. Adza Mefa - I have already answered this question. We used the best tech to contain the oil

spill. Weather conditions, particularly the winds, caused lot of problems when it came to dealing

with the spill as it was moving towards the USS territory. We were able to contain the spill 27


nautical miles away from USS coast. Moreover, this was were we went above and beyond our duty

to both USS as well as international community.

==== 0 ====

Reporter Z - I am Z. I am with ABC news channel. I want to question …….

Mr. Adza Mefa - No, no, no. We won’t take question from biased reporters and news channel. You

have defamed this government by running false stories.

Reporter Z - I have a right to participate. You can not ask me to leave just because you feel that I

ask difficult questions.

Mr. Adza Mefa [talking to the security] - Please remove him from the room.

Reporter Z was forcefully removed from the room. The briefing had to be cancelled because other

reporters started protesting.

==== 0 ====


ANNEXURE J


Disclaimer: This record is hypothetical and is created solely for educational purposes. Any reference to any person (dead or alive), company, institution or organisation is purely coincidental and is done only with the intention to promote such educational purpose, particularly to create awareness about international environmental law governing and regulating oil spills.


case concerning questions relating to oil spill in the

Documents